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Sachdeva (others)     20 October 2009

Base faor Cancellation of Bail

FIR was lodged for preparing forged Agreement  to sell the property which led to warrent of arrest. Before that the Accused got Regular Bail. Now during the period of two years out on bail the Accused resorted to many illegal activities. Thus the consequences of bail granted to the Accused in the lower court caused the Petitioner and his aged mother and sister irreparable loss and mental agony: (1) After tampering the records of the property of the Petitioner’s Sister, in connivance with the MCD official, showing the property as an unauthorized construction totally demolished the property within the short span of six months by filing the case; (2) Filing false case against the Petitioner and his brother for no reason; (3) Got free hand to influence the corrupt police, MCD and court officials to delay the proceedings; (4) Influenced the only living Witness to make contradictory statement favouring the Accused; (5) Received help from the corrupt officials to make the original documents which are crucial evidences of all the cases disappeared from the courts’ case file; (6) Able to harass the Petitioner and his family members further by filing third false fresh case against the Petitioner’s mother and sister. Under these circumstances whether bail granted to the Accused could be cancelled or not, if so under what section this could be done. Anybody could give the format for filing the cancellation of bail? I shall be grateful to our brethren for the favour.



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 3 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     21 October 2009

Dear sachdeva,

As per the grounds stated by you, either yourself you or your Lawyer can consult with the concerned Police Station/Public Prosecutor/Dist Police Authority/Home Department of your your state, and ask them to prefer a petition for cancellation of bail U/s 439 (2) of Cr.P.C.

Kindly Read the Sec. 439 of Cr. P.C., and go through the below  Judgement of Supreme Court. 

439. Special powers of High Court or Court of Session regarding bail.

(1) A High Court or Court of Session may direct-

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection (3) of section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub- section;
 
(b) that any condition imposed by a Magistrate when releasing an person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
 
(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

Dr. Narendra K Amin vs State Of Gujarat And Anr on 28 April, 2008

https://www.indiankanoon.org/doc/1570070/

Dinesh M.N. (S.P.) vs State Of Gujarat on 28 April, 2008

https://www.indiankanoon.org/doc/601465/

 

Advocate.S.A.Siddiq (Advocate)     21 October 2009

 My brother Aejaz Ahamed given right direction , you should follow 

Srinath Kondapally (Advocate)     20 November 2009

 Particularly when there is a violation of conditions of granting bail only bail will be cancelled, unless and untill to do so on strict proof of the same the same will not be cancelled asper the provisions of Cr.P.c.,   


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